MOORE v. SMITH

No. 94, September Term, 1989.

321 Md. 347 (1990)

582 A.2d 1237

CHARLES RUSSELL MOORE, SR. v. RONALD S. SMITH

Court of Appeals of Maryland.

December 24, 1990.


Attorney(s) appearing for the Case

Thomas P. Bernier (Jeanette Lockhart Cole, Fowley, Beckley, Stevens & Cole, P.A., all on brief), Baltimore, for appellant.

Charles Bagley, IV (Donna G. McCabe, Council, Baradel, Kosmerl & Nolan, P.A., all on brief), Annapolis, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY and McAULIFFE, JJ., ADKINS, J. (retired), and CHARLES E. ORTH, Jr., J. (retired, specially assigned).


COLE, Judge.

In this case, involving testamentary law, we are asked to decide two issues: whether there was sufficient evidence to support a finding of undue influence and, if so, whether the circuit court erred in invalidating the testator's entire will instead of only that part which was the result of the undue influence.1

Andrew O. Koontz, the testator in this case, died on October 19, 1985, at the age of sixty-eight. In May...

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